logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.10.16 2020나2167
구상금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to E vehicles (hereinafter referred to as “Plaintiffs”). The Defendant is an insurer who has entered into an automobile insurance contract with respect to F vehicles (hereinafter referred to as “Defendant vehicles”) including the time when the driver is named.

B. On April 2, 2019, around 14:30 on April 2, 2019, the Defendant vehicle entered the parking lot of Eunpyeong-gu Seoul Metropolitan City G Complex and proceeded along with the parking lot passage.

The defendant vehicle has driven the front of the plaintiff vehicle on the right side of the plaintiff vehicle, and immediately after that, the plaintiff vehicle was parked in order to get out of the parking place, and the defendant vehicle stopped immediately after that.

Even after the stopping of the vehicle, the Plaintiff’s vehicle continued to stand straight, and the Defendant’s vehicle was parked in the vehicle, and the Plaintiff’s vehicle stopped, but the Defendant’s vehicle continued to shock the front side of the Plaintiff’s vehicle on the left side of the front side of the front side of the vehicle (hereinafter “instant accident”).

C. On April 12, 2019, the Plaintiff paid the insurance proceeds of KRW 3,150,000,000, except for the amount of KRW 500,000,000, for the repair cost of the Plaintiff’s vehicle due to the instant accident.

【Fact-finding without a dispute over the ground for recognition】 Each entry or video of Gap's 1 through 8, 10, 11, 14, Eul's 1 and 2 (including the branch numbers for which there are branch numbers), and the purport of the whole pleadings

2. Determination

A. (1) The instant accident is solely due to the negligence of the Defendant’s vehicle, which was caused by the Defendant’s vehicle’s failure to properly look at the rear, but by being a sudden back.

(2) In the event that a parking vehicle is parked on a passage, the vehicle is negligent in neglecting its duty of front-time care, and the occurrence of the instant accident is more likely to have contributed to the failure of the Plaintiff vehicle.

(b) concrete;

arrow